Kentucky Statutes 13B.030 – Powers of agency head — Hearing officers
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(1) An agency head may exercise all powers conferred on an agency relating to the conduct of administrative hearings, and he may delegate conferred powers to a hearing officer or a member of a collegial body that serves as an agency head, or he may delegate conferred powers to a hearing officer to conduct an administrative hearing before a hearing panel, reserving the authority to render a recommended order to that panel. An agency head may not, however, delegate the power to issue a final order unless specifically authorized by statute, or unless disqualified in accordance with KRS § 13B.040(2).
(2) (a) In securing hearing officers as necessary to conduct administrative hearings under the jurisdiction of the agency, an agency may:
1. Employ hearing officers;
2. Contract with another agency for hearing officers; or
3. Contract with private attorneys through personal service contract.
(b) An agency may secure hearing officers pursuant to subsection (2)(a)3. of this section only if the Attorney General has first determined that the Attorney General’s Office cannot provide the needed hearing officers to the agency. If the Attorney General determines that the Attorney General’s Office can provide the needed hearing officers to the agency, the agency shall use the hearing officers provided by the Attorney General’s Office. The expenses incurred by the Attorney General’s Office in providing the hearing officers to the agency shall be paid to the Attorney General’s Office by the agency in the following manner:
1. The amount to be paid by the agency to the Attorney General’s Office shall be established by vouchers submitted by the Attorney General’s Office to the agency which shall be promptly paid by the agency, at the beginning of, at the end of, or at any time during the provision of the hearing officers by the Attorney General’s Office.
2. The expenses to be paid to the Attorney General’s Office shall be calculated according to the amount of time spent by the salaried hearing officers of the Attorney General’s Office in providing the services. The charge for time spent shall not exceed twenty-five percent (25%) more than the amount allowed for a sole practitioner under personal service contract. The Attorney General may require payment in advance of the provision of the requested services based on his calculation of the amount of time that will be spent by the salaried hearing officers of the Attorney General’s Office in providing the services. The agency shall be reimbursed for any overpayment at the conclusion of the provision of services by the Attorney General’s Office.
(3) A hearing officer shall possess and meet qualifications as the Personnel Cabinet and the employing agency, with the advice of the division, may find necessary to assure competency in the conduct of an administrative hearing. The qualifications in this subsection shall not, however, apply to a member of a board, commission, or other
collegial body who may serve as a hearing officer in his capacity as a member of the collegial body.
(4) All hearing officers, including members of collegial bodies who serve as hearing officers, shall receive training necessary to prepare them to conduct a competent administrative hearing. The training shall pertain to the conduct of administrative hearings generally and to the applications of the provisions of this chapter, specifically. The division shall establish by administrative regulation minimum standards concerning the length of training, course content, and instructor qualifications. Required training shall not exceed eighteen (18) classroom hours for initial training and six (6) classroom hours per year for continuing training. Actual training may be conducted by an agency or any other organization, if the training program offered has been approved by the division as meeting minimum standards.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 154, sec. 4, effective July 15, 1998. — Amended
1996 Ky. Acts ch. 318, sec. 3, effective July 15, 1996. — Created 1994 Ky. Acts ch.
382, sec. 3, effective July 15, 1996.
(2) (a) In securing hearing officers as necessary to conduct administrative hearings under the jurisdiction of the agency, an agency may:
Terms Used In Kentucky Statutes 13B.030
- agency: means each state board, bureau, cabinet, commission, department, authority, officer, or other entity in the executive branch of state government authorized by law to conduct administrative hearings. See Kentucky Statutes 13B.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Contract: A legal written agreement that becomes binding when signed.
- Division: means the Division of Administrative Hearings in the Office of the
Attorney General created pursuant to KRS §. See Kentucky Statutes 13B.010 - Final order: means the whole or part of the final disposition of an administrative hearing, whenever made effective by an agency head, whether affirmative, negative, injunctive, declaratory, agreed, or imperative in form. See Kentucky Statutes 13B.010
- hearing: means any type of formal adjudicatory proceeding conducted by an agency as required or permitted by statute or regulation to adjudicate the legal rights, duties, privileges, or immunities of a named person. See Kentucky Statutes 13B.010
- Hearing officer: means the individual, duly qualified and employed pursuant to this chapter, assigned by an agency head as presiding officer for an administrative hearing or the presiding member of the agency head. See Kentucky Statutes 13B.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Recommended order: means the whole or part of a preliminary hearing report to an agency head for the disposition of an administrative hearing. See Kentucky Statutes 13B.010
- Statute: A law passed by a legislature.
- Year: means calendar year. See Kentucky Statutes 446.010
1. Employ hearing officers;
2. Contract with another agency for hearing officers; or
3. Contract with private attorneys through personal service contract.
(b) An agency may secure hearing officers pursuant to subsection (2)(a)3. of this section only if the Attorney General has first determined that the Attorney General’s Office cannot provide the needed hearing officers to the agency. If the Attorney General determines that the Attorney General’s Office can provide the needed hearing officers to the agency, the agency shall use the hearing officers provided by the Attorney General’s Office. The expenses incurred by the Attorney General’s Office in providing the hearing officers to the agency shall be paid to the Attorney General’s Office by the agency in the following manner:
1. The amount to be paid by the agency to the Attorney General’s Office shall be established by vouchers submitted by the Attorney General’s Office to the agency which shall be promptly paid by the agency, at the beginning of, at the end of, or at any time during the provision of the hearing officers by the Attorney General’s Office.
2. The expenses to be paid to the Attorney General’s Office shall be calculated according to the amount of time spent by the salaried hearing officers of the Attorney General’s Office in providing the services. The charge for time spent shall not exceed twenty-five percent (25%) more than the amount allowed for a sole practitioner under personal service contract. The Attorney General may require payment in advance of the provision of the requested services based on his calculation of the amount of time that will be spent by the salaried hearing officers of the Attorney General’s Office in providing the services. The agency shall be reimbursed for any overpayment at the conclusion of the provision of services by the Attorney General’s Office.
(3) A hearing officer shall possess and meet qualifications as the Personnel Cabinet and the employing agency, with the advice of the division, may find necessary to assure competency in the conduct of an administrative hearing. The qualifications in this subsection shall not, however, apply to a member of a board, commission, or other
collegial body who may serve as a hearing officer in his capacity as a member of the collegial body.
(4) All hearing officers, including members of collegial bodies who serve as hearing officers, shall receive training necessary to prepare them to conduct a competent administrative hearing. The training shall pertain to the conduct of administrative hearings generally and to the applications of the provisions of this chapter, specifically. The division shall establish by administrative regulation minimum standards concerning the length of training, course content, and instructor qualifications. Required training shall not exceed eighteen (18) classroom hours for initial training and six (6) classroom hours per year for continuing training. Actual training may be conducted by an agency or any other organization, if the training program offered has been approved by the division as meeting minimum standards.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 154, sec. 4, effective July 15, 1998. — Amended
1996 Ky. Acts ch. 318, sec. 3, effective July 15, 1996. — Created 1994 Ky. Acts ch.
382, sec. 3, effective July 15, 1996.